Blog Posts in May, 2019

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  • In California, does Spousal Support always terminate on the remarriage of the supported spouse?
    In California, does Spousal Support always terminate on the remarriage of the supported spouse?

    This issue was addressed in the recent case os IRMO Martin (3/11/19). In this case, the Fourth District reversed a San Bernardino County temporary judge’s order that the wife repay to ex-husband the ...

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  • In a California paternity or dissolution action, can you request relief in excess of that plead in your initial petition if your spouse fails to file a response and their default is subsequently taken?
    In a California paternity or dissolution action, can you request relief in excess of that plead in your initial petition if your spouse fails to file a response and their default is subsequently taken?

    This issue was addressed in Sass vs. Cohen (3/8/19). In this the Court held that the judgment exceeded the “type and amount of relief” sought in the operative pleadings. It said: This case presents ...

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  • What methods are available to a California family law litigant to prove that a particular asset is there separate property (rather than community)?
    What methods are available to a California family law litigant to prove that a particular asset is there separate property (rather than community)?

    A party in a California dissolution action can request that the Court deem a particular asset their separate property if they can trace the acquisition of that asset back to a separate property ...

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  • Must either a Child or Spousal Support award be based on current income and expenses of the parties in a California Family Law matter?
    Must either a Child or Spousal Support award be based on current income and expenses of the parties in a California Family Law matter?

    In the IRMO Cipari (2/7/19) case, the appellate Court held that a trial court’s relying on a parties’ prior year tax returns when the current tax returns were available to the party was an error and ...

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